The court rejected the first claim to Roskomnadzor for the recovery of damage due to carpet blocking
Yesterday the Moscow Arbitration Court rejected the claim of Investori LLC in St. Petersburg against Roskomnadzor for the recovery of 5 million rubles. losses due to the erroneous blocking of the site during the regulatory actions of the department against the Telegram messenger. This is the first of about 150 lawsuits to be considered in the courts. Because of the “carpet” blocking of millions of IP addresses, hundreds of Russian and foreign websites have suffered, which have become temporarily unavailable in Russia.
The claim of Investori LLC entered arbitration on April 27, shortly after the blocking began. The second respondent was listed the Ministry of Finance.
During the consideration of the case, Roskomnadzor requested that the claimant’s claims be left without satisfaction. The position of the regulator was that no evidence of blockingdue to the restriction of access to Telegram the plaintiff was not represented. "This [mass blocking of Internet resources] is known only from the media," said the lawyer of the regulator, Anton Kulikov. " The plaintiff did not provide evidence of the use of those servers, access to which was restricted in the Russian Federation.
At the same time, the representative of the plaintiff, Vladimir Orlov, said that after blocking their website, "the company's clients could not use the site, pay interest, from which the company could make a profit." According to the calculations of businessmen, the losses amounted to 10 million rubles, but they only require to recover 5 million, “since the blocking of the messenger was carried out out of good intentions”.
During the court hearings, the representative of Roskomnadzor added that the pin-point blocking of Telegram addresses is technically impossible, because the messenger changes them "on average once a minute": city court. (...) Access to the network address indicated by the plaintiff was limited to the execution of all procedures provided for by law, ”Anton Kulikov told the court.
As a result, the court listened to the arguments of the defendant. “In the claim of“ Investori ”Ltd. refuse in full”, - announced the operative part of the court decision Judge Marina Ogorodnikova.
An appeal can be made within a month.
The claim of Investori LLC entered arbitration on April 27, shortly after the blocking began. The second respondent was listed the Ministry of Finance.
During the consideration of the case, Roskomnadzor requested that the claimant’s claims be left without satisfaction. The position of the regulator was that no evidence of blockingdue to the restriction of access to Telegram the plaintiff was not represented. "This [mass blocking of Internet resources] is known only from the media," said the lawyer of the regulator, Anton Kulikov. " The plaintiff did not provide evidence of the use of those servers, access to which was restricted in the Russian Federation.
At the same time, the representative of the plaintiff, Vladimir Orlov, said that after blocking their website, "the company's clients could not use the site, pay interest, from which the company could make a profit." According to the calculations of businessmen, the losses amounted to 10 million rubles, but they only require to recover 5 million, “since the blocking of the messenger was carried out out of good intentions”.
During the court hearings, the representative of Roskomnadzor added that the pin-point blocking of Telegram addresses is technically impossible, because the messenger changes them "on average once a minute": city court. (...) Access to the network address indicated by the plaintiff was limited to the execution of all procedures provided for by law, ”Anton Kulikov told the court.
As a result, the court listened to the arguments of the defendant. “In the claim of“ Investori ”Ltd. refuse in full”, - announced the operative part of the court decision Judge Marina Ogorodnikova.
An appeal can be made within a month.
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